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01-1044Council File # e! �� Ioyy '� � �� i�� V��i� Presented by Referred To Green Sheet # 110337 L, MINNESOTA Committee Date 15 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the September 25, 2 2001, decisions of the Legislafive Hearing Officer on Property Code Enforcement Appeals for the following 3 addresses: 4 Properiv Apnealed Aonellant 5 969 Ashland Avenue David and Sherry Smith 6 Decision: Appeal granted on condition that the border is completed within two weeks of approval by the City '7 Council. 8 882 Seventh Street West 9 (Case closed.) 10 11 12 13 14 15 16 Yeas Nays Absent Blakey � Coleman ,� Harris ,/� Benanav ,� Reiter �/" Bostrom �/' Lantry ,/ S 1 ! 17 ls 19 Adopted by Council: Date: �(\ .,, _ 1�� 20 � 21 Adoption Certified by Council Secretary 22 By: –� � 1 _ '� � - ,--�— 23 Approved by Mayor: Date G(l�v I9 Z�/ 24 By: � � � Thomas Fable, Lindquist & Vennum, for Mimiesota Brewing Company Requested by Department of: I� Form Approved by City Attorney � Approved by Mayor for Submission to Council : PARTMINUOFFICElCOUNCIL . DATE INmATm City Council Offices Sept. 26, 2001 iN'fACT PERSON & PHONE � i Gerry Strathman, 266-8560 0 TOTAL # OF SIGNATURE PAGES GREEN SHEET orr�n,�rowri,ae or 01-104`{ No 110337 crtrcaaw. ❑ fJfYAiTOR1EY ❑ tliYCtFPK � ❑ A16N[�tLtERVICFBpN. ❑ qiRI1CJ11L8FRll/I4CCTC ❑ ItsYORlortl�49sIAll1) ❑ (CUP ALL LOCATIONS FOR SIGNATURE) Approving the September 25, 2001, decisions of the Legislative Hearing Officer on Property Code Enforcement appeals for the following addresses: 969 Ashland Avenue and 882 Seventh Street West. w PLANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE COMMISSION PROBLEM ISSl1E, IF APPROVED Has this perso�rm ever worketl under a contract tar this tlepartmeM? YES NO Has this persoMrtn ever 6een a city empbyee� YES NO Does this persoMfirm possess a sltill not rrormallypossesseU by any artent city employee? YES NO Is Mis persoNfirm a qrgetetl vendoY+ VES NO Ga�� 4ar�h �snter ��:� � � 2�� AMOUNT OF TRANSACTION COST/REVENUE BUDGETED (CIRCLE ON� ACTNITY NUMBER VES NO INFOftMAiION (EXPWf� ��-�� Z . NOTES OF Tf� PROPERTY CODE ENFORCEMENT MEETING Tuesday, September 25, 2001 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 136 p.m. STAFF PRESENT: Kelly Booker, Public Works-Ordinance Enforcement 969 Ashland Avenue Sherry Smith, owner, appeared and stated she received an order regarding the rocks in her boulevard. She spoke to the inspector who indicated it was not just the pile of rocks in the boulevard, but the use of rocks in the planting azea. Ms. Smith asked was there some sort of an appeals process, and the inspector said no. Ms. Smith investigated fitrther and found out there was an appeals process and the inspectar was suppose to inform her in the original citation. The pile of rocks has been removed from the boulevard, said Ms. Smith. She would like to continue with her plan to put boulders around the boulevard. The inspector indicated the law is only enforced when a complaint is filed by someone in the neighborhood. The inspector felt that rocks were a tripping hazazd. Ms. Smith feels a tripping hazazd is usually defined as a sma11 ledge that is not easy to see. (Ms. Smith showed a sample of rock she is placing on the boulevard. She submitted her plans for the boulevard to Mr. Strathman and Ms. Booker.) She plans to add a setback of grauel that is six to twelve inches wide for people getting out of cars, stated Ms. Smith, and then there will be lazger rocks. Part of the reason she wanted to landscape is because her house sits six feet higher, and there is a steep embaulanent. She decided it would be better to terrace the emb2xilanent. They struggled for years to mow it and grow grass on it. They are trying to improve the boulevazd, plant in it, and make it so that material does not slide off. She called the Mayor's Office and was told the planting was okay, and that there would not be a problem with a border. Mr. Strathman asked what they intend to plan and the height. Ms. Smith responded annuals, tulips, perennial flowers, etc. The height should be less than 24 inches, which is what the Mayor's Office told her. Mr. Strathman asked is this a mid block lot. Ms. Smith responded they are three houses in from the corner. Mr. Strathman stated there is no concern about traffic visibility. (Ms. Smith submitted photographs of neighborhood locations showing plantings with various rocks. Ms. Booker saw these photographs a1so.) Ms. Smith stated the pile of rocks that were thexe initially would have been a problem. 0� \o�� PROPERTY CODE ENFORCEMENT NOTES FOR SEPTEMBER 25, 2001 Page 2 Kelly Booker reported that the complaint came to her office from an elderly neighbor who said that she was having trouble getting out of her caz because the rocks were on the boulevazd. Ms. Booker took photographs. (Ms. Booker submitted photographs of what the azea looked like.) Ms. Booker stated the big pile of rocks have been removed, but the rocks forming the border are still there. This has never been okayed by Public Works. She told Ms. Smith it was a obstruction of City property. If Public Works allows this obstruction to remain, they aze liable for any accidents that happen there. Mr. Strathman asked was there any concern that this proposed landscaping would effect Public Works ability to cleaz the streets or is the concern just a trip hazard. Ms. Bookex responded thexe is a possible damage to plows. Street maintenance would have to speak to that. Ms. Smith responded a 12 inch setback should be sufficient. Ms. Booker stated one of the concerns is that snow will cover up the rocks, and then a trip hazazd cannot be seen. Ms. Smith responded a person could not even get to the 12 inch setback because the City does not clear all the way to the curb, and there is always snow piled several feet. Ms. Booker stated the concern is an inch of snow that would cover the rocks. Mr. Strathman asked how long it would take to get the rock and gravei in place. Ms. Smith responded it can be done within two weeks of being told she can proceed. Mr. Strathman stated it is difficult to see the six to twelve inch gravel setback in the photographs. He asked is it his perspective or is it less than 6 inches. Ms. Smith responded it is perspective. They wexe constructing the trench when they were starting to move xock. They were also terracing the slope. There were 14 tons of rock. Ms. Booker stated this is City right-of-way. Allowing obstructions like this to remain can set a dangerous precedent. Big rocks on the boulevard are a hazard. With proper setback, responded Ms. Smith, using border materials makes a landscaped boulevard safer because things are slippery with mud and wood mulch that can migrate onto the sidewalk. It is preferable to have a higher border than a plasfic edging because edging can be difficult to see and more likely to be tripped upon. Mr. Strathman stated this is a judgement ca11. The City has a right and obligation to protect their property, and be concerned about the safety of people who may cross that properiy and potentially hold the City liable for anything that may occur. The City Council for the last few yeazs has been supportive of people who want to turn their boulevards into amenities. The specific ordinance of 24 inches was recently amended by the City Council to allow and encourage planting of this type. C�\ \o��--� PROPERTY CODE ENFORCEMENT NOTES FOR SEPT'EMBER 25, 2001 Page 3 Gerry Strathman granted the appeal on condition that the border is completed within two weeks after approval by the City Council. The inspector is not in error; however, what the owner intends to do is in the spirit of what the City Council is trying to do. 882 Seventh Street West (The issue is closed. The appellant and John Powers, Code Enforcement, came to an agreement regarding an extension of time.) The meeting was adjourned at 1:55 p.m. rrri � 25 x DEPARTMENT OF PUBLIC WORKS Thomas 1. Egguni, DirectorlCiry Engineer 01 -1044 CITY OF SAINT PAUL Norm Co[eman. Mayor Council President Dan Bostrum Council Member Jay Benanav Council Member Jerry Blakey Council Member Chris Coleman 800 Ciry Hall Anrsez 25 West Fourth Street Saint Paul, Minnesota SSIU2-1660 Phone: 657-266-6750 Far: 651-298-4559 October 17, 2001 Council Member Pat Harris Council Member Kathy I.antry Council Member Jim Reiter From: Tom Kuhfeld, Public Works �� Re: Boulevard Rocks Item 12 on the Oct. 10, 2001 City Council Agenda approving the decision of the Legislative Heazing Officer granting an appeal for 969 Ashland to allow piacement of rocks in the boulevard. was laid over for one week upon Public Works request to get an opinion from the City Attorney's office on the appropriateness of using the Legislative Hearing Office for Public Works matters. It is on today's agenda as item 25. As of this morning, I don't know what that will be. Public Works does not believe that this is an appropriate matter for the Legislative Hearing Officer, and hope that the resolution will be withdrawn. Either way, we want you to know why we oppose rocks in the public boulevards The issue raised by this is whether or not to allow placement of rocks in the public right-of-way b}� home owners. I believe we have a strong case that as a matter of policy, we should not allow rocks to be placed in boulevards by residents. If the city were to allow it, the proper route would be through an encroachment permit issued by Public Works. We believe we need to treat residents fairly and uniformly. Allowing rocks to be placed in the boulevard in this case pretty much sets the standard. How then could we deny others. This also makes it difficult to draw the line on what size and materials aze appropriate. In fact, you will see in one of the attached photos a range of materials including broken concrete, building tiles, bricks, rocks, and logs tastefully arranged on the boulevazd. We know that there are lots of situations like this out there. Up to now we have responded to these situations on a complaint basis. If the City Councii felt it better to more vigorously try to eliminate these, we can do so. Similarly, if the City Council feels that it is desirable to aliow rocks on the boulevazd, we can work on amendments to the code which would include processes and standards to make them legal. Responsive Services • Qualiry Facilities • Emplo��ee Pride � a � _toyy One of our prime concerns is Safety. In this case, an elderly neighbor complained about difficulty being dropped off. You can see the difficulty opening caz doors in some of ihe photos, as well as the difficulty getting to the sidewalk. These also can be ankle twisters, especiaily in the dark. Light snow during the winter adds cover making them even more difficult to see. Rocks hidden by large windrows of snow add add hazzard to our plow drivers during push back opperations. Children have always used sidewalks for bicycling and roller skating. Add skateboarding and roller boards as well as the new scooters. A grassy boulevard is just a safer landing spot than one with rocks. Halloween is soon upon us. Each neighborhood has its fair shaze of pranksters. What a good prank to put those handy rocks in the middle of the sueet. Another prime concern is cost to the City. During our sewer sepazation and street paving projects, we have found many unique boulevazd features which the owners have become very attached to. Our projects have suffered added expense in dealing with these, whether just removing them, or replacing them too. The result of this is born by the rest of the residents through added costs and less street work done. Similarly, as we repair sidewalks from time to time, rocks in the boulevards add to the difficulty of construction as well as cost. The Water Utility stop boxes are located in the boulevard. These rocks create an added burden for them. Snow adds to the issue. After significant accumulations of snow, we fmd it necessary to do "push backs" of the windrow of snow to make room for more on many streets. The results are certain to be damage to both rocks and plow as well as possible injury to our drivers. There is also the likelyhood of the City being sued as a result of some mishap involving these rocks. Whether we win or lose, we suffer the added cost to defend the City. Finally, we are concerned with the homeowners commitment. We aren't worried about residents taking pride in their creations and maintaining them in the beginning. However, we will still be responsible for the sueet 50 years from now when the owner is old and can't caze for it, or more likely the property has changed hands, and the new ownersfeels its city property and not their problem. Based on our long experience, this is almost a given. Photos attached 0�-1o�tY � �= 4 __ _ :•,a-��-.��'_" _.��-_.� .�q ::, _ ' .r!!_±--.`�`.. ', ._ ': _ . �i.. �.. � `�M�t.n�l _.�. • .Y'� . ' � �>f�� .. i:Yn'.'�'. ... . ,�. . .. �.__ . � - � •. � •• �� .'�i'/ ` �(�`-%r � r�.i� �yi ��.�;� � �4J r � q . ` rv_��.:ay1 _ 7.'> >`� . �wa�..s .. � � . s C.._._ • -.e� -+:�=4-v -�� _ - o�.t::`.'.�'f .r�il'f<:9��i . -r. .. _ . .:,+ '. . .'� %'.�x,. k� �'! � :� ��i..�� '+�. _ 5 !^ �� '.S� ? �.�� V _ dYt �. ��_ ` .': . � �� '� _. e _ = ' n '�_ ; � _ , '�;''..�:;.T;%�.�^::';;i:� "'"':.::;t:��: �Y� . 0�-►oyy a � ��oy`I o � -royy Council File # e! �� Ioyy '� � �� i�� V��i� Presented by Referred To Green Sheet # 110337 L, MINNESOTA Committee Date 15 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the September 25, 2 2001, decisions of the Legislafive Hearing Officer on Property Code Enforcement Appeals for the following 3 addresses: 4 Properiv Apnealed Aonellant 5 969 Ashland Avenue David and Sherry Smith 6 Decision: Appeal granted on condition that the border is completed within two weeks of approval by the City '7 Council. 8 882 Seventh Street West 9 (Case closed.) 10 11 12 13 14 15 16 Yeas Nays Absent Blakey � Coleman ,� Harris ,/� Benanav ,� Reiter �/" Bostrom �/' Lantry ,/ S 1 ! 17 ls 19 Adopted by Council: Date: �(\ .,, _ 1�� 20 � 21 Adoption Certified by Council Secretary 22 By: –� � 1 _ '� � - ,--�— 23 Approved by Mayor: Date G(l�v I9 Z�/ 24 By: � � � Thomas Fable, Lindquist & Vennum, for Mimiesota Brewing Company Requested by Department of: I� Form Approved by City Attorney � Approved by Mayor for Submission to Council : PARTMINUOFFICElCOUNCIL . DATE INmATm City Council Offices Sept. 26, 2001 iN'fACT PERSON & PHONE � i Gerry Strathman, 266-8560 0 TOTAL # OF SIGNATURE PAGES GREEN SHEET orr�n,�rowri,ae or 01-104`{ No 110337 crtrcaaw. ❑ fJfYAiTOR1EY ❑ tliYCtFPK � ❑ A16N[�tLtERVICFBpN. ❑ qiRI1CJ11L8FRll/I4CCTC ❑ ItsYORlortl�49sIAll1) ❑ (CUP ALL LOCATIONS FOR SIGNATURE) Approving the September 25, 2001, decisions of the Legislative Hearing Officer on Property Code Enforcement appeals for the following addresses: 969 Ashland Avenue and 882 Seventh Street West. w PLANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE COMMISSION PROBLEM ISSl1E, IF APPROVED Has this perso�rm ever worketl under a contract tar this tlepartmeM? YES NO Has this persoMrtn ever 6een a city empbyee� YES NO Does this persoMfirm possess a sltill not rrormallypossesseU by any artent city employee? YES NO Is Mis persoNfirm a qrgetetl vendoY+ VES NO Ga�� 4ar�h �snter ��:� � � 2�� AMOUNT OF TRANSACTION COST/REVENUE BUDGETED (CIRCLE ON� ACTNITY NUMBER VES NO INFOftMAiION (EXPWf� ��-�� Z . NOTES OF Tf� PROPERTY CODE ENFORCEMENT MEETING Tuesday, September 25, 2001 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 136 p.m. STAFF PRESENT: Kelly Booker, Public Works-Ordinance Enforcement 969 Ashland Avenue Sherry Smith, owner, appeared and stated she received an order regarding the rocks in her boulevard. She spoke to the inspector who indicated it was not just the pile of rocks in the boulevard, but the use of rocks in the planting azea. Ms. Smith asked was there some sort of an appeals process, and the inspector said no. Ms. Smith investigated fitrther and found out there was an appeals process and the inspectar was suppose to inform her in the original citation. The pile of rocks has been removed from the boulevard, said Ms. Smith. She would like to continue with her plan to put boulders around the boulevard. The inspector indicated the law is only enforced when a complaint is filed by someone in the neighborhood. The inspector felt that rocks were a tripping hazazd. Ms. Smith feels a tripping hazazd is usually defined as a sma11 ledge that is not easy to see. (Ms. Smith showed a sample of rock she is placing on the boulevard. She submitted her plans for the boulevard to Mr. Strathman and Ms. Booker.) She plans to add a setback of grauel that is six to twelve inches wide for people getting out of cars, stated Ms. Smith, and then there will be lazger rocks. Part of the reason she wanted to landscape is because her house sits six feet higher, and there is a steep embaulanent. She decided it would be better to terrace the emb2xilanent. They struggled for years to mow it and grow grass on it. They are trying to improve the boulevazd, plant in it, and make it so that material does not slide off. She called the Mayor's Office and was told the planting was okay, and that there would not be a problem with a border. Mr. Strathman asked what they intend to plan and the height. Ms. Smith responded annuals, tulips, perennial flowers, etc. The height should be less than 24 inches, which is what the Mayor's Office told her. Mr. Strathman asked is this a mid block lot. Ms. Smith responded they are three houses in from the corner. Mr. Strathman stated there is no concern about traffic visibility. (Ms. Smith submitted photographs of neighborhood locations showing plantings with various rocks. Ms. Booker saw these photographs a1so.) Ms. Smith stated the pile of rocks that were thexe initially would have been a problem. 0� \o�� PROPERTY CODE ENFORCEMENT NOTES FOR SEPTEMBER 25, 2001 Page 2 Kelly Booker reported that the complaint came to her office from an elderly neighbor who said that she was having trouble getting out of her caz because the rocks were on the boulevazd. Ms. Booker took photographs. (Ms. Booker submitted photographs of what the azea looked like.) Ms. Booker stated the big pile of rocks have been removed, but the rocks forming the border are still there. This has never been okayed by Public Works. She told Ms. Smith it was a obstruction of City property. If Public Works allows this obstruction to remain, they aze liable for any accidents that happen there. Mr. Strathman asked was there any concern that this proposed landscaping would effect Public Works ability to cleaz the streets or is the concern just a trip hazard. Ms. Bookex responded thexe is a possible damage to plows. Street maintenance would have to speak to that. Ms. Smith responded a 12 inch setback should be sufficient. Ms. Booker stated one of the concerns is that snow will cover up the rocks, and then a trip hazazd cannot be seen. Ms. Smith responded a person could not even get to the 12 inch setback because the City does not clear all the way to the curb, and there is always snow piled several feet. Ms. Booker stated the concern is an inch of snow that would cover the rocks. Mr. Strathman asked how long it would take to get the rock and gravei in place. Ms. Smith responded it can be done within two weeks of being told she can proceed. Mr. Strathman stated it is difficult to see the six to twelve inch gravel setback in the photographs. He asked is it his perspective or is it less than 6 inches. Ms. Smith responded it is perspective. They wexe constructing the trench when they were starting to move xock. They were also terracing the slope. There were 14 tons of rock. Ms. Booker stated this is City right-of-way. Allowing obstructions like this to remain can set a dangerous precedent. Big rocks on the boulevard are a hazard. With proper setback, responded Ms. Smith, using border materials makes a landscaped boulevard safer because things are slippery with mud and wood mulch that can migrate onto the sidewalk. It is preferable to have a higher border than a plasfic edging because edging can be difficult to see and more likely to be tripped upon. Mr. Strathman stated this is a judgement ca11. The City has a right and obligation to protect their property, and be concerned about the safety of people who may cross that properiy and potentially hold the City liable for anything that may occur. The City Council for the last few yeazs has been supportive of people who want to turn their boulevards into amenities. The specific ordinance of 24 inches was recently amended by the City Council to allow and encourage planting of this type. C�\ \o��--� PROPERTY CODE ENFORCEMENT NOTES FOR SEPT'EMBER 25, 2001 Page 3 Gerry Strathman granted the appeal on condition that the border is completed within two weeks after approval by the City Council. The inspector is not in error; however, what the owner intends to do is in the spirit of what the City Council is trying to do. 882 Seventh Street West (The issue is closed. The appellant and John Powers, Code Enforcement, came to an agreement regarding an extension of time.) The meeting was adjourned at 1:55 p.m. rrri � 25 x DEPARTMENT OF PUBLIC WORKS Thomas 1. Egguni, DirectorlCiry Engineer 01 -1044 CITY OF SAINT PAUL Norm Co[eman. Mayor Council President Dan Bostrum Council Member Jay Benanav Council Member Jerry Blakey Council Member Chris Coleman 800 Ciry Hall Anrsez 25 West Fourth Street Saint Paul, Minnesota SSIU2-1660 Phone: 657-266-6750 Far: 651-298-4559 October 17, 2001 Council Member Pat Harris Council Member Kathy I.antry Council Member Jim Reiter From: Tom Kuhfeld, Public Works �� Re: Boulevard Rocks Item 12 on the Oct. 10, 2001 City Council Agenda approving the decision of the Legislative Heazing Officer granting an appeal for 969 Ashland to allow piacement of rocks in the boulevard. was laid over for one week upon Public Works request to get an opinion from the City Attorney's office on the appropriateness of using the Legislative Hearing Office for Public Works matters. It is on today's agenda as item 25. As of this morning, I don't know what that will be. Public Works does not believe that this is an appropriate matter for the Legislative Hearing Officer, and hope that the resolution will be withdrawn. Either way, we want you to know why we oppose rocks in the public boulevards The issue raised by this is whether or not to allow placement of rocks in the public right-of-way b}� home owners. I believe we have a strong case that as a matter of policy, we should not allow rocks to be placed in boulevards by residents. If the city were to allow it, the proper route would be through an encroachment permit issued by Public Works. We believe we need to treat residents fairly and uniformly. Allowing rocks to be placed in the boulevard in this case pretty much sets the standard. How then could we deny others. This also makes it difficult to draw the line on what size and materials aze appropriate. In fact, you will see in one of the attached photos a range of materials including broken concrete, building tiles, bricks, rocks, and logs tastefully arranged on the boulevazd. We know that there are lots of situations like this out there. Up to now we have responded to these situations on a complaint basis. If the City Councii felt it better to more vigorously try to eliminate these, we can do so. Similarly, if the City Council feels that it is desirable to aliow rocks on the boulevazd, we can work on amendments to the code which would include processes and standards to make them legal. Responsive Services • Qualiry Facilities • Emplo��ee Pride � a � _toyy One of our prime concerns is Safety. In this case, an elderly neighbor complained about difficulty being dropped off. You can see the difficulty opening caz doors in some of ihe photos, as well as the difficulty getting to the sidewalk. These also can be ankle twisters, especiaily in the dark. Light snow during the winter adds cover making them even more difficult to see. Rocks hidden by large windrows of snow add add hazzard to our plow drivers during push back opperations. Children have always used sidewalks for bicycling and roller skating. Add skateboarding and roller boards as well as the new scooters. A grassy boulevard is just a safer landing spot than one with rocks. Halloween is soon upon us. Each neighborhood has its fair shaze of pranksters. What a good prank to put those handy rocks in the middle of the sueet. Another prime concern is cost to the City. During our sewer sepazation and street paving projects, we have found many unique boulevazd features which the owners have become very attached to. Our projects have suffered added expense in dealing with these, whether just removing them, or replacing them too. The result of this is born by the rest of the residents through added costs and less street work done. Similarly, as we repair sidewalks from time to time, rocks in the boulevards add to the difficulty of construction as well as cost. The Water Utility stop boxes are located in the boulevard. These rocks create an added burden for them. Snow adds to the issue. After significant accumulations of snow, we fmd it necessary to do "push backs" of the windrow of snow to make room for more on many streets. The results are certain to be damage to both rocks and plow as well as possible injury to our drivers. There is also the likelyhood of the City being sued as a result of some mishap involving these rocks. Whether we win or lose, we suffer the added cost to defend the City. Finally, we are concerned with the homeowners commitment. We aren't worried about residents taking pride in their creations and maintaining them in the beginning. However, we will still be responsible for the sueet 50 years from now when the owner is old and can't caze for it, or more likely the property has changed hands, and the new ownersfeels its city property and not their problem. Based on our long experience, this is almost a given. Photos attached 0�-1o�tY � �= 4 __ _ :•,a-��-.��'_" _.��-_.� .�q ::, _ ' .r!!_±--.`�`.. ', ._ ': _ . �i.. �.. � `�M�t.n�l _.�. • .Y'� . ' � �>f�� .. i:Yn'.'�'. ... . ,�. . .. �.__ . � - � •. � •• �� .'�i'/ ` �(�`-%r � r�.i� �yi ��.�;� � �4J r � q . ` rv_��.:ay1 _ 7.'> >`� . �wa�..s .. � � . s C.._._ • -.e� -+:�=4-v -�� _ - o�.t::`.'.�'f .r�il'f<:9��i . -r. .. _ . .:,+ '. . .'� %'.�x,. k� �'! � :� ��i..�� '+�. _ 5 !^ �� '.S� ? �.�� V _ dYt �. ��_ ` .': . � �� '� _. e _ = ' n '�_ ; � _ , '�;''..�:;.T;%�.�^::';;i:� "'"':.::;t:��: �Y� . 0�-►oyy a � ��oy`I o � -royy Council File # e! �� Ioyy '� � �� i�� V��i� Presented by Referred To Green Sheet # 110337 L, MINNESOTA Committee Date 15 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the September 25, 2 2001, decisions of the Legislafive Hearing Officer on Property Code Enforcement Appeals for the following 3 addresses: 4 Properiv Apnealed Aonellant 5 969 Ashland Avenue David and Sherry Smith 6 Decision: Appeal granted on condition that the border is completed within two weeks of approval by the City '7 Council. 8 882 Seventh Street West 9 (Case closed.) 10 11 12 13 14 15 16 Yeas Nays Absent Blakey � Coleman ,� Harris ,/� Benanav ,� Reiter �/" Bostrom �/' Lantry ,/ S 1 ! 17 ls 19 Adopted by Council: Date: �(\ .,, _ 1�� 20 � 21 Adoption Certified by Council Secretary 22 By: –� � 1 _ '� � - ,--�— 23 Approved by Mayor: Date G(l�v I9 Z�/ 24 By: � � � Thomas Fable, Lindquist & Vennum, for Mimiesota Brewing Company Requested by Department of: I� Form Approved by City Attorney � Approved by Mayor for Submission to Council : PARTMINUOFFICElCOUNCIL . DATE INmATm City Council Offices Sept. 26, 2001 iN'fACT PERSON & PHONE � i Gerry Strathman, 266-8560 0 TOTAL # OF SIGNATURE PAGES GREEN SHEET orr�n,�rowri,ae or 01-104`{ No 110337 crtrcaaw. ❑ fJfYAiTOR1EY ❑ tliYCtFPK � ❑ A16N[�tLtERVICFBpN. ❑ qiRI1CJ11L8FRll/I4CCTC ❑ ItsYORlortl�49sIAll1) ❑ (CUP ALL LOCATIONS FOR SIGNATURE) Approving the September 25, 2001, decisions of the Legislative Hearing Officer on Property Code Enforcement appeals for the following addresses: 969 Ashland Avenue and 882 Seventh Street West. w PLANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE COMMISSION PROBLEM ISSl1E, IF APPROVED Has this perso�rm ever worketl under a contract tar this tlepartmeM? YES NO Has this persoMrtn ever 6een a city empbyee� YES NO Does this persoMfirm possess a sltill not rrormallypossesseU by any artent city employee? YES NO Is Mis persoNfirm a qrgetetl vendoY+ VES NO Ga�� 4ar�h �snter ��:� � � 2�� AMOUNT OF TRANSACTION COST/REVENUE BUDGETED (CIRCLE ON� ACTNITY NUMBER VES NO INFOftMAiION (EXPWf� ��-�� Z . NOTES OF Tf� PROPERTY CODE ENFORCEMENT MEETING Tuesday, September 25, 2001 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 136 p.m. STAFF PRESENT: Kelly Booker, Public Works-Ordinance Enforcement 969 Ashland Avenue Sherry Smith, owner, appeared and stated she received an order regarding the rocks in her boulevard. She spoke to the inspector who indicated it was not just the pile of rocks in the boulevard, but the use of rocks in the planting azea. Ms. Smith asked was there some sort of an appeals process, and the inspector said no. Ms. Smith investigated fitrther and found out there was an appeals process and the inspectar was suppose to inform her in the original citation. The pile of rocks has been removed from the boulevard, said Ms. Smith. She would like to continue with her plan to put boulders around the boulevard. The inspector indicated the law is only enforced when a complaint is filed by someone in the neighborhood. The inspector felt that rocks were a tripping hazazd. Ms. Smith feels a tripping hazazd is usually defined as a sma11 ledge that is not easy to see. (Ms. Smith showed a sample of rock she is placing on the boulevard. She submitted her plans for the boulevard to Mr. Strathman and Ms. Booker.) She plans to add a setback of grauel that is six to twelve inches wide for people getting out of cars, stated Ms. Smith, and then there will be lazger rocks. Part of the reason she wanted to landscape is because her house sits six feet higher, and there is a steep embaulanent. She decided it would be better to terrace the emb2xilanent. They struggled for years to mow it and grow grass on it. They are trying to improve the boulevazd, plant in it, and make it so that material does not slide off. She called the Mayor's Office and was told the planting was okay, and that there would not be a problem with a border. Mr. Strathman asked what they intend to plan and the height. Ms. Smith responded annuals, tulips, perennial flowers, etc. The height should be less than 24 inches, which is what the Mayor's Office told her. Mr. Strathman asked is this a mid block lot. Ms. Smith responded they are three houses in from the corner. Mr. Strathman stated there is no concern about traffic visibility. (Ms. Smith submitted photographs of neighborhood locations showing plantings with various rocks. Ms. Booker saw these photographs a1so.) Ms. Smith stated the pile of rocks that were thexe initially would have been a problem. 0� \o�� PROPERTY CODE ENFORCEMENT NOTES FOR SEPTEMBER 25, 2001 Page 2 Kelly Booker reported that the complaint came to her office from an elderly neighbor who said that she was having trouble getting out of her caz because the rocks were on the boulevazd. Ms. Booker took photographs. (Ms. Booker submitted photographs of what the azea looked like.) Ms. Booker stated the big pile of rocks have been removed, but the rocks forming the border are still there. This has never been okayed by Public Works. She told Ms. Smith it was a obstruction of City property. If Public Works allows this obstruction to remain, they aze liable for any accidents that happen there. Mr. Strathman asked was there any concern that this proposed landscaping would effect Public Works ability to cleaz the streets or is the concern just a trip hazard. Ms. Bookex responded thexe is a possible damage to plows. Street maintenance would have to speak to that. Ms. Smith responded a 12 inch setback should be sufficient. Ms. Booker stated one of the concerns is that snow will cover up the rocks, and then a trip hazazd cannot be seen. Ms. Smith responded a person could not even get to the 12 inch setback because the City does not clear all the way to the curb, and there is always snow piled several feet. Ms. Booker stated the concern is an inch of snow that would cover the rocks. Mr. Strathman asked how long it would take to get the rock and gravei in place. Ms. Smith responded it can be done within two weeks of being told she can proceed. Mr. Strathman stated it is difficult to see the six to twelve inch gravel setback in the photographs. He asked is it his perspective or is it less than 6 inches. Ms. Smith responded it is perspective. They wexe constructing the trench when they were starting to move xock. They were also terracing the slope. There were 14 tons of rock. Ms. Booker stated this is City right-of-way. Allowing obstructions like this to remain can set a dangerous precedent. Big rocks on the boulevard are a hazard. With proper setback, responded Ms. Smith, using border materials makes a landscaped boulevard safer because things are slippery with mud and wood mulch that can migrate onto the sidewalk. It is preferable to have a higher border than a plasfic edging because edging can be difficult to see and more likely to be tripped upon. Mr. Strathman stated this is a judgement ca11. The City has a right and obligation to protect their property, and be concerned about the safety of people who may cross that properiy and potentially hold the City liable for anything that may occur. The City Council for the last few yeazs has been supportive of people who want to turn their boulevards into amenities. The specific ordinance of 24 inches was recently amended by the City Council to allow and encourage planting of this type. C�\ \o��--� PROPERTY CODE ENFORCEMENT NOTES FOR SEPT'EMBER 25, 2001 Page 3 Gerry Strathman granted the appeal on condition that the border is completed within two weeks after approval by the City Council. The inspector is not in error; however, what the owner intends to do is in the spirit of what the City Council is trying to do. 882 Seventh Street West (The issue is closed. The appellant and John Powers, Code Enforcement, came to an agreement regarding an extension of time.) The meeting was adjourned at 1:55 p.m. rrri � 25 x DEPARTMENT OF PUBLIC WORKS Thomas 1. Egguni, DirectorlCiry Engineer 01 -1044 CITY OF SAINT PAUL Norm Co[eman. Mayor Council President Dan Bostrum Council Member Jay Benanav Council Member Jerry Blakey Council Member Chris Coleman 800 Ciry Hall Anrsez 25 West Fourth Street Saint Paul, Minnesota SSIU2-1660 Phone: 657-266-6750 Far: 651-298-4559 October 17, 2001 Council Member Pat Harris Council Member Kathy I.antry Council Member Jim Reiter From: Tom Kuhfeld, Public Works �� Re: Boulevard Rocks Item 12 on the Oct. 10, 2001 City Council Agenda approving the decision of the Legislative Heazing Officer granting an appeal for 969 Ashland to allow piacement of rocks in the boulevard. was laid over for one week upon Public Works request to get an opinion from the City Attorney's office on the appropriateness of using the Legislative Hearing Office for Public Works matters. It is on today's agenda as item 25. As of this morning, I don't know what that will be. Public Works does not believe that this is an appropriate matter for the Legislative Hearing Officer, and hope that the resolution will be withdrawn. Either way, we want you to know why we oppose rocks in the public boulevards The issue raised by this is whether or not to allow placement of rocks in the public right-of-way b}� home owners. I believe we have a strong case that as a matter of policy, we should not allow rocks to be placed in boulevards by residents. If the city were to allow it, the proper route would be through an encroachment permit issued by Public Works. We believe we need to treat residents fairly and uniformly. Allowing rocks to be placed in the boulevard in this case pretty much sets the standard. How then could we deny others. This also makes it difficult to draw the line on what size and materials aze appropriate. In fact, you will see in one of the attached photos a range of materials including broken concrete, building tiles, bricks, rocks, and logs tastefully arranged on the boulevazd. We know that there are lots of situations like this out there. Up to now we have responded to these situations on a complaint basis. If the City Councii felt it better to more vigorously try to eliminate these, we can do so. Similarly, if the City Council feels that it is desirable to aliow rocks on the boulevazd, we can work on amendments to the code which would include processes and standards to make them legal. Responsive Services • Qualiry Facilities • Emplo��ee Pride � a � _toyy One of our prime concerns is Safety. In this case, an elderly neighbor complained about difficulty being dropped off. You can see the difficulty opening caz doors in some of ihe photos, as well as the difficulty getting to the sidewalk. These also can be ankle twisters, especiaily in the dark. Light snow during the winter adds cover making them even more difficult to see. Rocks hidden by large windrows of snow add add hazzard to our plow drivers during push back opperations. Children have always used sidewalks for bicycling and roller skating. Add skateboarding and roller boards as well as the new scooters. A grassy boulevard is just a safer landing spot than one with rocks. Halloween is soon upon us. Each neighborhood has its fair shaze of pranksters. What a good prank to put those handy rocks in the middle of the sueet. Another prime concern is cost to the City. During our sewer sepazation and street paving projects, we have found many unique boulevazd features which the owners have become very attached to. Our projects have suffered added expense in dealing with these, whether just removing them, or replacing them too. The result of this is born by the rest of the residents through added costs and less street work done. Similarly, as we repair sidewalks from time to time, rocks in the boulevards add to the difficulty of construction as well as cost. The Water Utility stop boxes are located in the boulevard. These rocks create an added burden for them. Snow adds to the issue. After significant accumulations of snow, we fmd it necessary to do "push backs" of the windrow of snow to make room for more on many streets. The results are certain to be damage to both rocks and plow as well as possible injury to our drivers. There is also the likelyhood of the City being sued as a result of some mishap involving these rocks. Whether we win or lose, we suffer the added cost to defend the City. Finally, we are concerned with the homeowners commitment. We aren't worried about residents taking pride in their creations and maintaining them in the beginning. However, we will still be responsible for the sueet 50 years from now when the owner is old and can't caze for it, or more likely the property has changed hands, and the new ownersfeels its city property and not their problem. Based on our long experience, this is almost a given. Photos attached 0�-1o�tY � �= 4 __ _ :•,a-��-.��'_" _.��-_.� .�q ::, _ ' .r!!_±--.`�`.. ', ._ ': _ . �i.. �.. � `�M�t.n�l _.�. • .Y'� . ' � �>f�� .. i:Yn'.'�'. ... . ,�. . .. �.__ . � - � •. � •• �� .'�i'/ ` �(�`-%r � r�.i� �yi ��.�;� � �4J r � q . ` rv_��.:ay1 _ 7.'> >`� . �wa�..s .. � � . s C.._._ • -.e� -+:�=4-v -�� _ - o�.t::`.'.�'f .r�il'f<:9��i . -r. .. _ . .:,+ '. . .'� %'.�x,. k� �'! � :� ��i..�� '+�. _ 5 !^ �� '.S� ? �.�� V _ dYt �. ��_ ` .': . � �� '� _. e _ = ' n '�_ ; � _ , '�;''..�:;.T;%�.�^::';;i:� "'"':.::;t:��: �Y� . 0�-►oyy a � ��oy`I o � -royy